```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 803 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 803

  To implement a comprehensive border security plan to combat illegal 
  immigration, drug and alien smuggling, and violent activity in the 
                 southwest border of the United States.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             April 13, 2011

  Mr. McCain (for himself and Mr. Kyl) introduced the following bill; 
which was read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 A BILL

 
  To implement a comprehensive border security plan to combat illegal 
  immigration, drug and alien smuggling, and violent activity in the 
                 southwest border of the United States.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Border Security Enforcement Act of 
2011''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Rural, high-trafficked areas.--The term ``rural, high-
        trafficked areas'' means rural areas through which drugs and 
        undocumented aliens are routinely smuggled, as designated by 
        the Commissioner of U.S. Customs and Border Protection.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
            (3) Southwest border region.--The term ``Southwest Border 
        region'' means the area in the United States that is within 150 
        miles of the international border between the United States and 
        Mexico.

SEC. 3. NATIONAL GUARD SUPPORT TO SECURE THE SOUTHERN LAND BORDER OF 
              THE UNITED STATES.

    (a) In General.--The Secretary of Defense shall deploy not fewer 
than 6,000 National Guard personnel to perform operations and missions 
under section 502(f) of title 32, United States Code, in the Southwest 
Border region for the purposes of assisting U.S. Customs and Border 
Protection in securing the international border between the United 
States and Mexico.
    (b) Assignment of Operations and Missions.--
            (1) In general.--National Guard units and personnel 
        deployed under subsection (a) may be assigned such operations 
        and missions as are necessary to secure the international 
        border between the United States and Mexico.
            (2) Nature of duty.--Duty by National Guard personnel 
        performing such operations and missions shall be full-time 
        National Guard duty under title 32, United States Code.
    (c) Range of Operations and Missions.--The operations and missions 
assigned under subsection (b) shall include the temporary authority 
to--
            (1) construct fencing, including double-layer and triple-
        layer fencing;
            (2) increase ground-based mobile surveillance systems;
            (3) deploy additional unmanned aerial systems and manned 
        aircraft sufficient to maintain continuous surveillance of the 
        international border between the United States and Mexico;
            (4) deploy and provide capability for radio communications 
        interoperability between U.S. Customs and Border Protection and 
        State, local, and tribal law enforcement agencies;
            (5) construct checkpoints along the border to bridge the 
        gap to long-term permanent checkpoints; and
            (6) conduct mobile patrols and provide assistance to U.S. 
        Customs and Border Protection, particularly in rural, high-
        trafficked areas, as designated by the Commissioner, U.S. 
        Customs and Border Protection.
    (d) Materiel and Logistical Support.--The Secretary of Defense 
shall deploy such materiel and equipment and logistics support as is 
necessary to ensure success of the operations and missions conducted by 
the National Guard under subsection (a).
    (e) Exclusion From National Guard Personnel Strength Limitations.--
National Guard personnel deployed under subsection (a) shall not be 
included in the calculation to determine compliance with limits on end 
strength for National Guard personnel or on limits on the number of 
National Guard personal that may be placed on active duty for 
operational support under section 115 of title 10, United States Code.
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated $600,000,000 to carry out this section during the 5-year 
period ending on September 30, 2016.

SEC. 4. PERSONNEL ENHANCEMENTS.

    (a) U.S. Customs and Border Protection.--Not later than September 
30, 2016, the Secretary shall increase the number of trained Border 
Patrol agents stationed in the Southwest Border region by 5,000, 
compared to the number of agents at such locations as of the date of 
the enactment of this Act. The Secretary shall make progress in 
increasing such number of trained Border Patrol agents during each of 
the fiscal years 2012 through 2016.
    (b) Hardship Duty Pay.--In addition to compensation to which Border 
Patrol agents are otherwise entitled, Border Patrol agents who are 
assigned to rural, high-trafficked areas shall be entitled to receive 
hardship duty pay, in an amount determined by the Commissioner, U.S. 
Customs and Border Protection, which may not exceed the rate of special 
pay to which members of a uniformed service are entitled under section 
310 of title 37, United States Code.
    (c) Danger Pay for United States Marshals Service and Bureau of 
Alcohol, Tobacco, Firearms and Explosives Personnel.--Section 151 of 
the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 
(Public Law 101-246; 5 U.S.C. 5928 note) is amended by striking ``or 
Federal Bureau of Investigation'' and inserting ``the Federal Bureau of 
Investigation, the United States Marshals Service, or the Bureau of 
Alcohol, Tobacco, Firearms and Explosives''.
    (d) Authorization of Appropriations.--
            (1) Border patrol personnel.--There are authorized to be 
        appropriated $300,000,000 for each of the fiscal years 2012 
        through 2016 to carry out subsection (a).
            (2) U.S. marshals service.--In addition to amounts 
        otherwise authorized to be appropriated, there are authorized 
        to be appropriated $15,000,000 for each of the fiscal years 
        2012 through 2016, for salaries and benefits of United States 
        Marshals Service personnel.
            (3) Other personnel.--There are authorized to be 
        appropriated, during the 5-year period ending on September 30, 
        2016--
                    (A) $110,000,000 for salaries and benefits for 500 
                new U.S. Customs and Border Protection officers; and
                    (B) $17,000,000 for 144 new Office of Air and 
                Marine pilots, vessel commanders, and support 
                personnel.

SEC. 5. ENHANCING EXISTING BORDER SECURITY OPERATIONS.

    (a) Operation Streamline.--
            (1) Implementation.--The Attorney General, the Secretary, 
        and the Director of the Administrative Office of the United 
        States Courts shall--
                    (A) fully implement Operation Streamline in the 
                Southwest Border region; and
                    (B) reimburse State, local, and tribal law 
                enforcement for any detention costs related to such 
                implementation.
            (2) Additional magistrate judges to assist with increased 
        caseload along southwest border.--The chief judge of each 
        Federal judicial district in the Southwest Border region is 
        authorized to appoint additional full-time magistrate judges, 
        who shall have the authority to hear all cases and 
        controversies in the district in which the respective judges 
        are appointed.
    (b) Operation Stonegarden.--
            (1) In general.--The Federal Emergency Management Agency 
        shall enhance law enforcement preparedness and operational 
        readiness in the borders of the United States through Operation 
        Stonegarden.
            (2) Allocation.--Of the amounts appropriated pursuant to 
        subsection (e), not less than 90 percent shall be allocated for 
        grants and reimbursement to law enforcement agencies in the 
        States in the Southwest Border region for personnel, overtime, 
        travel, and other costs related to illegal immigration and drug 
        smuggling in the Southwest Border region.
    (c) Infrastructure Improvements.--
            (1) Border patrol stations.--The Secretary shall--
                    (A) construct additional Border Patrol stations in 
                the Southwest Border region, as needed, to provide full 
                operational support in rural, high-trafficked areas; 
                and
                    (B) analyze the feasibility of creating additional 
                Border Patrol sectors along the international border 
                between the United States and Mexico to interrupt drug 
                trafficking operations.
            (2) Forward operating bases.--The Secretary shall enhance 
        the security of the Southwest Border region by--
                    (A) establishing additional permanent forward 
                operating bases for the Border Patrol, as needed;
                    (B) upgrading the existing forward operating bases 
                to include modular buildings, electricity, and potable 
                water; and
                    (C) ensuring that forward operating bases surveil 
                and interdict individuals entering the United States 
                unlawfully immediately after such an individual crosses 
                the international border between the United States and 
                Mexico.
            (3) Checkpoints.--The Secretary shall--
                    (A) complete the construction of a permanent 
                checkpoint near Tubac, Arizona; and
                    (B) deploy additional temporary roving checkpoints 
                in the Southwest Border region.
            (4) Border fence.--Section 102(b)(1)(A) of the Illegal 
        Immigration Reform and Immigrant Responsibility Act of 1996 (8 
        U.S.C. 1103 note) is amended--
                    (A) by inserting ``, not later than December 31, 
                2011,'' after ``shall''; and
                    (B) by adding at the end the following: ``The 
                Secretary shall replace landing mat fencing and 
                construct double- and triple-layer fencing in the 
                Southwest Border region (as defined in section 2 of the 
                Border Security Enforcement Act of 2011), at locations 
                determined by the Secretary, after consultation with 
                the governors of the States in the Southwest Border 
                region and representatives of State, tribal, and local 
                law enforcement agencies.''.
    (d) Border Security on Certain Federal Land.--
            (1) Definitions.--In this subsection:
                    (A) Secretary concerned.--The term ``Secretary 
                concerned'' means--
                            (i) with respect to land under the 
                        jurisdiction of the Secretary of Agriculture, 
                        the Secretary of Agriculture; and
                            (ii) with respect to land under the 
                        jurisdiction of the Secretary of the Interior, 
                        the Secretary of the Interior.
                    (B) Federal lands.--The term ``Federal lands'' 
                includes all land, including a component of the 
                National Wilderness Preservation System, under the 
                control of the Secretary concerned that is located 
                within 150 miles of the Southwest border region.
            (2) Support for border security needs.--
                    (A) In general.--To achieve operational control of 
                Federal lands--
                            (i) the Secretary concerned shall authorize 
                        and provide U.S. Customs and Border Protection 
                        personnel with immediate access to Federal 
                        lands for security activities, including--
                                    (I) routine motorized patrols; and
                                    (II) the deployment of temporary 
                                tactical infrastructure; and
                            (ii) the security activities described in 
                        clause (i) shall be conducted, to the maximum 
                        extent practicable, in a manner that the 
                        Secretary of Homeland Security determines will 
                        best protect the natural and cultural resources 
                        on Federal lands.
            (3) Inventory of costs and activities.--The Secretary 
        shall--
                    (A) coordinate with the Secretary concerned to 
                develop an inventory of costs incurred by the agencies 
                relating to illegal border activity on Federal lands; 
                and
                    (B) annually submit the inventory developed under 
                subparagraph (A) to--
                            (i) the Committee on Homeland Security and 
                        Governmental Affairs of the Senate;
                            (ii) the Committee on the Judiciary of the 
                        Senate;
                            (iii) the Committee on Appropriations of 
                        the Senate;
                            (iv) the Committee on Homeland Security of 
                        the House of Representatives;
                            (v) the Committee on the Judiciary of the 
                        House of Representatives; and
                            (vi) the Committee on Appropriations of the 
                        House of Representatives.
            (4) Intermingled private and state land.--This subsection 
        shall not apply to any private or State-owned land within the 
        boundaries of Federal lands.
    (e) Authorization of Appropriations.--
            (1) Annual appropriations.--There are authorized to be 
        appropriated, for each of the fiscal years 2012 through 2016--
                    (A) $50,000,000 to carry out subsection (a);
                    (B) $100,000,000 to carry out subsection (b);
                    (C) $20,000,000 to carry out subsection (c)(2); and
                    (D) $50,000,000 to carry out section 102(b)(1)(A) 
                of the Illegal Immigration Reform and Immigrant 
                Responsibility Act of 1996 (8 U.S.C. 1103 note), as 
                amended by subsection (c)(4).
            (2) Permanent checkpoint construction.--There is authorized 
        to be appropriated $30,000,000 to carry out subsection 
        (c)(3)(A).
            (3) Detention upgrades at courthouses.--There is authorized 
        to be appropriated, for each of the fiscal years 2012 through 
        2016, $4,000,000, which shall be used to construct detention 
        upgrades at Federal courthouses located in the Southwest border 
        region.

SEC. 6. EQUIPMENT AND TECHNOLOGY.

    (a) Enhancements.--The Commissioner, U.S. Customs and Border 
Protection, shall--
            (1) deploy additional mobile, video, and agent-portable 
        surveillance systems, and unmanned aerial vehicles in the 
        Southwest Border region as necessary to provide 24-hour 
        operation and surveillance;
            (2) operate unmanned aerial vehicles along such borders for 
        24 hours per day and for 7 days per week;
            (3) deploy additional fixed-wing aircraft and helicopters 
        along such borders;
            (4) acquire new, rotocraft and make upgrades to the 
        existing helicopter fleet; and
            (5) increase horse patrols in the Southwest Border region.
    (b) Authorization of Appropriations.--In addition to amounts 
otherwise authorized to be appropriated, there is authorized to be 
appropriated $335,000,000 to U.S. Customs and Border Protection to 
carry out subsection (a) during fiscal year 2012.

SEC. 7. ACCESS TO EMERGENCY PERSONNEL.

    (a) Southwest Border Emergency Communications Grants.--
            (1) In general.--The Secretary, in consultation with the 
        governors of the States in the Southwest Border region, shall 
        establish a 2-year grant program, to be administered by the 
        Secretary, to improve emergency communications in the Southwest 
        Border region.
            (2) Eligibility for grants.--An individual is eligible to 
        receive a grant under this subsection if the individual 
        demonstrates that he or she--
                    (A) regularly resides or works in the Southwest 
                Border region;
                    (B) is at greater risk of border violence due to 
                the lack of cellular service at his or her residence or 
                business and his or her proximity to such border.
            (3) Use of grants.--Grants awarded under this subsection 
        may be used to purchase satellite telephone communications 
        systems and service that--
                    (A) can provide access to 9-1-1 service; and
                    (B) are equipped with global positioning systems.
            (4) Authorization of appropriations.--There is authorized 
        to be appropriated $3,000,000 to carry out the grant program 
        established under this subsection.
    (b) Interoperable Communications for Law Enforcement.--
            (1) Federal law enforcement.--There are authorized to be 
        appropriated, to the Department of Homeland Security, the 
        Department of Justice, and the Department of the Interior, 
        during the 5-year period ending on September 30, 2016, 
        $35,000,000, which may be used--
                    (A) to purchase, through a competitive procurement 
                process, P25-compliant radios, which may include a 
                multi-band option, for Federal law enforcement agents 
                working in the Southwest border region in support of 
                the activities of U.S. Customs and Border Protection 
                and U.S. Immigration and Customs Enforcement, including 
                law enforcement agents of the Drug Enforcement 
                Administration, the Bureau of Alcohol, Tobacco, 
                Firearms and Explosives, the Department of the 
                Interior, and the Forest Service; and
                    (B) to upgrade, through a competitive procurement 
                process, the communications network of the Department 
                of Justice to ensure coverage and capacity, 
                particularly when immediate access is needed in times 
                of crisis, in the Southwest Border region for 
                appropriate law enforcement personnel of the Department 
                of Justice (including the Drug Enforcement 
                Administration and the Bureau of Alcohol, Tobacco, 
                Firearms and Explosives), the Department of Homeland 
                Security (including U.S. Immigration and Customs 
                Enforcement and U.S. Customs and Border Protection), 
                the United States Marshals Service, other Federal 
                agencies, the State of Arizona, tribes, and local 
                governments.
            (2) State and local law enforcement.--
                    (A) Authorization of appropriations.--There is 
                authorized to be appropriated to the Department of 
                Justice, during the 5-year period ending on September 
                30, 2016, $35,000,000 to purchase, through a 
                competitive procurement process, P25-compliant radios, 
                which may include a multi-band option, for State and 
                local law enforcement agents working in the Southwest 
                Border region.
                    (B) Access to federal spectrum.--If a State, 
                tribal, or local law enforcement agency in the 
                Southwest Border region experiences an emergency 
                situation that necessitates immediate communication 
                with the Department of Justice, the Department of 
                Homeland Security, the Department of the Interior, or 
                any of their respective subagencies, such law 
                enforcement agency shall have access to the spectrum 
                assigned to such Federal agency for the duration of 
                such emergency situation.

SEC. 8. SOUTHWEST BORDER PROSECUTION INITIATIVE.

    (a) Reimbursement to State and Local Prosecutors for Federally 
Initiated Criminal Cases.--The Attorney General shall reimburse State, 
county, tribal, and municipal governments for costs associated with the 
prosecution and pre-trial detention of federally initiated criminal 
cases declined by local offices of the United States Attorneys.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated $50,000,000 for each of the fiscal years 2012 through 2016 
to carry out subsection (a).

SEC. 9. DEFINITION OF AIRCRAFT UNDER AVIATION SMUGGLING PROVISIONS OF 
              THE TARIFF ACT OF 1930.

    (a) In General.--Section 590 of the Tariff Act of 1930 (19 U.S.C. 
1590) is amended--
            (1) by redesignating subsection (g) as subsection (h); and
            (2) by inserting after subsection (f) the following:
    ``(g) Definition of Aircraft.--As used in this section, the term 
`aircraft' includes an ultralight vehicle, as defined by the 
Administrator of the Federal Aviation Administration.''.
    (b) Effective Date.--The amendments made by subsection (a) apply 
with respect to violations of any provision of section 590 of the 
Tariff Act of 1930 on or after the 30th day after the date of the 
enactment of this Act.

SEC. 10. INTERAGENCY COLLABORATION.

    The Assistant Secretary of Defense for Research and Engineering 
shall collaborate with the Under Secretary for Science and Technology 
of the Department of Homeland Security in identifying equipment and 
technology used by the Department of Defense that could be used by U.S. 
Customs and Border Protection to improve the security of the 
international border between the United States and Mexico by--
            (1) detecting border tunnels;
            (2) detecting the use of ultralight aircraft;
            (3) enhancing wide aerial surveillance; and
            (4) otherwise improving the enforcement of such border.

SEC. 11. REPORTS.

    (a) Government Accountability Office.--Not later than 180 days 
after the date of the enactment of this Act, the Comptroller General of 
the United States shall submit a report to the Committee on Homeland 
Security and Governmental Affairs of the Senate and the Committee on 
Homeland Security of the House of Representatives that includes--
            (1) an analysis of the number of additional forward 
        operating bases and checkpoints that are necessary along the 
        international border between the United States and Mexico to 
        assist in improving border security; and
            (2) the number of additional personnel, infrastructure, and 
        technology needed at land ports of entry along the Southwest 
        border to address current levels of northbound and southbound 
        cross-border inspections.
    (b) Department of Homeland Security.--Not later than 180 days after 
the date of the enactment of this Act, the Secretary shall submit a 
report to the Committee on Homeland Security and Governmental Affairs 
of the Senate and the Committee on Homeland Security of the House of 
Representatives that includes--
            (1) an audit of the equipment and technology that was 
        procured to be used through the SBInet program; and
            (2) an analysis of whether the procured equipment and 
        technology can continue to be used by U.S. Customs and Border 
        Protection.
    (c) Joint Equipment and Technology Report.--The Under Secretary of 
Defense for Acquisition, Technology, and Logistics and the Under 
Secretary for Science and Technology of the Department of Homeland 
Security shall submit a joint report on the results of the 
collaboration under section 10 to--
            (1) the Committee on Armed Services of the Senate;
            (2) the Committee on Homeland Security and Governmental 
        Affairs of the Senate;
            (3) the Committee on Armed Services of the House of 
        Representatives; and
            (4) the Committee on Homeland Security of the House of 
        Representatives.

SEC. 12. RESCISSION OF UNSPENT FEDERAL FUNDS TO OFFSET LOSS IN 
              REVENUES.

    (a) In General.--Notwithstanding any other provision of law, of all 
available unobligated funds, $4,030,000,000 in appropriated 
discretionary funds are rescinded.
    (b) Implementation.--The Director of the Office of Management and 
Budget shall determine and identify--
            (1) the appropriation accounts from which the rescission 
        under subsection (a) shall apply; and
            (2) the amount of such rescission that shall be applied to 
        each such account.
    (c) Report.--Not later than 60 days after the date of the enactment 
of this Act, the Director of the Office of Management and Budget shall 
submit a report to Congress and the Secretary of the Treasury that 
describes the accounts and amounts determined and identified for 
rescission under subsection (b).
    (d) Exception.--This section shall not apply to the unobligated 
funds of--
            (1) the Department of Defense;
            (2) the Department of Veterans Affairs; or
            (3) the National Nuclear Security Administration Weapons 
        Activities and Naval Reactors Accounts.
                                 <all>
```